Donor Intent Champion: Tennessee Attorney General Robert Cooper Jr.
Okay, so I’m violating my no-blogging rule twice in one day (one hour, actually). I break promises for important news.
This just in from the Tennessee Attorney General’s Office—a request for permission from the State Supreme Court to appeal the Tennessee Court of Appeals decision that would allow Fisk University to sell a half-share in its Stieglitz Colleciton to Alice Walton‘s Crystal Bridges Museum of American Art, contrary to the written no-sale stipulation of donor Georgia O’Keeffe.
I haven’t read the whole 52-page brief yet, but the money quote is right at the beginning:
The Attorney General urges this Court to…reaffirm the State’s commitment to respect and follow a donor’s intent and to confirm that any relief…must as closely as possible adhere to donor intent. This Court’s guidance is needed not only to clarify this important question of law, upon which the ultimate disposition of the invaluable art collection at issue hinges, but also to convey a clear and unambiguous message to potential donors of gifts for the public benefit that Tennessee courts will not substitute their judgment in contravention of a donor’s explicit instructions.
Such a statement from this State’s highest Court is necessary to avoid the chilling effect on future donor gifts created by the Court of Appeals’ decision to ignore the donor’s express intent in this case. Future donors of gifts for the public benefit must be assured that restrictive covenants they place on their gifts will be enforced; otherwise the public will be forever deprived of the benefit of many gifts.
I couldn’t have said it better myself. You go, Super Cooper!